… CALLS FOR ADHERENCE TO ESTABLISHED PROCEDURES
By a letter dated 30th December 2024, Nigerian famous Constitutional Lawyer and Human Right Activist, Hamza Nuhu Dantani has criticised the Inspector General of Police, Mr. Kayode Egbetokun for declaring Barr. Edward Ejembi Omaga (his client) “wanted” as if he were a notorious criminal.
The letter which was attentioned to Deputy Inspector-General of Police, FCID and copied to the Force PRO as well as Commissioner of Police, General Investigation (GI) Department, FCID Abuja pointed out that Barr. Omaga has been subjected to repeated harassment and threats by officers of the Nigeria Police Force following his petition against certain influential individuals in the society.
Hamza lamented that despite his earlier communication with the Police that Omaga was ill and undergoing medical treatment, ” the harassment, threats, and unwarranted invitations have persisted.” He stated that there is a pending Fundamental Rights Enforcement proceeding marked EDWARD OMAGA vs. INSPECTOR-GENERAL POLICE & 2 ORS. – SUIT NO: CV/5181/2024. The suit has been duly served on the Respondents and is currently pending before the High Court of the FCT-Abuja.
Part of the letter reads:
“It is, therefore, deeply concerning that the Police has chosen not to respond to the suit but instead declared our client wanted and published this declaration without a court order – a blatant violation of the law.”
According to Hamza, the Inspector-General of Police acted in blatant disregard for the Rule of Law. In his words;
” It is well established that the police do not have the authority to declare any individual wanted without an order of the court pursuant to the provisions of Section 36 (2) of the Administration of Criminal Justice Act, 2015. The police under your command cannot arrogate unto itself the power to prosecute and pass a sentence by way of declaring our client wanted. That illegal act has been struck down by the High Court of the FCT., where Honourable Justice Musa declared the powers of the EFCC to declare a citizen wanted without a court order, illegal. The Police on its own does not have a right to declare a citizen wanted. It means you are the complainant, the investigator and the one declaring him wanted, so you are overriding judicial powers. This unlawful act reinforces the very reasons why our client sought judicial intervention.”
“We also respectfully draw your attention to the precedent where the police, under your leadership, upheld the rule of law by protecting Emir Aminu Ado Bayero who was dethroned in Kano and whose case was before the court, stating that the matter was sub judice. The same principle must apply here, as the police cannot selectively adhere to the rule of law based on the parties involved.”
In conclusion, the renowned lawyer urged the Inspector-General of Police to immediately instruct his officers to desist from further harassment, threats, or unlawful actions against Barr. Omaga, especially in the light of the pending court case. He also insisted that the declaration of Barr. Omaga as “wanted” is illegal and violates his fundamental right to privacy and should be immediately cancelled.
